ML19289F220

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Requests Intervenor Status as party-of-interest W/O Contentions
ML19289F220
Person / Time
Site: New Haven
Issue date: 05/10/1979
From: Rosalyn Jones
OSWEGO, NY
To:
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 7906040427
Download: ML19289F220 (2)


Text

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ffM OFFICE OF THE CHAIRMAN 4

OSWEGO COUNTY LEGISLATURE

< sis > 349 32ss COUNTY CFFICE BUILDING G OSWEGO NEW YORK 13126 ROBERT P. JONES R ALPH W. SCHMIDT (MAsnMAN CLERK OF TME LE GIS6ATURE DUT.70 DOC [ng.T R003(

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Sey*C Secretary United States Nuclear go 4

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Dear Sir:

Oswego County hereby petitions the United States Nuclear Regulatory Commission for leave to intervene as a party-of-interest without contentions pursuant to Title 10, Chapter 1, Part 2, Section 2.715(c) of the United States Nuclear Regulatory Commission Rule s and Regulations in the license proceding of applicant New York State Electric and Gas Company for construc-tion of two 1250 megawatt nuclear power generating units at New Haven in Oswego County, New York (Docket No. STN50-596/597).

Oswego County requests that the Commission consider this petition despite its untimely filing for the following reasons pursuant to Title 10, Chapter 1, Part 2, Section 2 714(a)(1) of the Commission's Rules and Regula-tions:

1) Petition to intervene was not filed by the tima specified in the February 9,1979, issue of the Federal Register because Oswego County was not aware at that time of the provisions of Part 2, Section 2.715(c) permitting participation by municipalities without specific contentions:.
2) Participation by Oswego County in these proceedings is the only means by which its interests can be fully protected in this matter. Participation in the New York State Public Service Commistion proceedings on ti.is proposal vill not afford the county opportunity to protect its interests in matters of health and safety.

The perspective of the county is unique among other parties to the hearing as detailed below (4);

5) The Oswego County Legislative Comittee on Planning and Develop-ment has been involved in c. two-year study of the impact of the electric power generating :.ndustry on the natural, social, and 2236 050 7906va o y g

Secretary, U.S. Nuclear Regulatory Commission May 10, 1979 economic environment of Oswego County. The Couaittee anticipates concluding this study by early autumn 1979, and the conclusions of the study will form the basis for county policy in assessing any future proposals, including the immediate application, for construction and operation of electric generating facilities in the county;

4) The interests of Oswego County cannot be adequately represented by the State of New York, by local governments, or by other parties to the hearing, since the perspective and concerns of the county are unique by virtue of its political jurisdiction;
5) It is not anticipated that participation by Oswego County in these proceedings will result in a broadening of issues or a delay in the proceedings.

As stated above, Oswego County is not prepared at this time to present contentions, and may in fact not choose to do so.

However, the county does have a concern for remaining abreast of the proceedings and for having an opportunity to present testimony and to cross-examine applicant and NRC staff witnesses. The county is concerned with the environmental impact of the plant on the natural and human environment and with the safety and health impacts of operating a nuclear power plant in the county.

It has been the practice of the Oswego County Legislature to formally direct by resolution that the Chairman of the Legislature petition the adjudicatory body hearing a license application proceeding for leave to inter-vene.

Because the County Legislature cannot enact such a resolution until its regular session on June 14, 1979, I hereby request, on behalf of the county, that the Nuclear Regulatory Commission accept this letter as Oswego County's petition to intervene subject to amendment by inclusion of an authorizing resolution from the County Legislature af ter June 14, 1979 Such an arrangement will allow us to perticipate in the prehearing conference scheduled for Wednesday, May 23, in Oswego, New York.

Please direct further correspondence on this matter to Alman J. Hawkins, Countv Planning Director, Oswego County Planning Department, 46 East Bridge Street, Oswego, New York, 13126.

Sincerely, L.bn.-l\\f) N

,o.

W Robert P. Jones

-l RPJ:mj Chairman cc: M. Mulkey, Office of Executive Legal Director 2236 051 S. Wenner, Esq., Atomic Licensing Board R. Schutt, Esq., Huber, Magill, Lawrence & Farrell